Shanideo @ Sunny vs The State Of Madhya Pradesh
2023 Latest Caselaw 2865 MP

                                                                             1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                      CRA No. 2430 of 2023
                                                           (SHANIDEO @ SUNNY Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 16-02-2023
                                             Shri Virendra Kumar Upadhyay - Advocate for the appellant.

                                             Smt. Shakti Tripathi - Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is Admitted for final hearing. Also heard on I.A.No.3623/2023, application for suspension of sentence

and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf of the appellant.

This appeal has been preferred against the judgment dated 31/1/2023 passed by Ist Additional Session Judge, Narmadapuram, Distt. Narmadapuram (M.P.) in ST no. 112/2018 whereby learned Judge found appellant guilty for the offence punishable under Section 148, 324/149 (in two counts) and 323/149 of the IPC and sentenced him to undergo R.I. for six month with fine of Rs.1,000/-, R.I. for 3 years with fine of Rs.2000/-, R.I. for 2 years with fine of Rs.1000/- and R.I. for 3 months with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that during trial the appellant was on bail and after conviction his sentence has been suspended till 28/2/2023. He has not misused the liberty, therefore, it has been prayed that appellant be released on bail.

Learned Panel Lawyer for the respondent/State o n the other hand, has opposed the prayer.

Signature Not Verified SAN

Keeping in view the quantum of sentence imposed upon the appellant and Digitally signed by MONIKA CHOURASIA Date: 2023.02.17 18:36:48 IST

the fact that his sentence was already suspended upto 28/2/2021,

I.A.No.3623/2023 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/-(Fifty thousand) with one solvent surety each in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12.05.2022 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stand suspended and he shall be released on bail.

List the matter for final hearing in due course. In the meanwhile, record of the Courts below be called for.

Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2023.02.17 18:36:48 IST